HB 2407 (Scott, P.A.) and SB 1408 (Reeves), as introduced, would require waterworks to report any operational anomaly, regardless of severity, that could affect water quality, public health, or service continuity to the Virginia Department of Health’s Office of Drinking Water (the Office) within 24 hours of discovery. This would include instances of pump failures, equipment malfunctions, unusual odors, chemical imbalances, and changes in water pressure, which all regularly occur in the operation of a waterworks facility.
VACo opposed these bills as introduced as they would greatly increase the reporting requirements for waterworks and the associated costs with such reporting as well as concerns regarding sovereign immunity.
As the bills moved through their respective chambers, they were heavily amended to address many of VACo’s concerns. Currently, HB 2407 and SB 1408 state that waterworks shall report any critical equipment failure, malfunction, or contaminant release, as defined in the bill, to the Office of Drinking Water no more than six hours after discovery. Furthermore, the bill currently states that any waterworks that is required to submit a monthly operating report to the Office of Drinking Water shall include any noncritical equipment failure or malfunction that could adversely affect water quality, public health, or service continuity that occurred during the reporting month and was not resolved by the reporting deadline. Any noncritical equipment failure or malfunction that is effectively addressed by equipment repair, replacement, or other fix would be considered resolved and not have to be included in the end of the month report.
During the House Health and Human Servies Committee’s Health Subcommittee, HB 2407 was incorporated into HB 2749 (LeVere Bolling) which will be the vehicle moving forward in the House. SB 1408 has reported out of the senate by a vote of 39-0 and we will see this in the House shortly after crossover.
VACo wants to thank Senator Reeves, Delegate P.A. Scott and Delegate Levere-Bolling for hearing VACo’s concerns and working with us and other stakeholders to find a viable path forward. VACo has no position on HB 2749 or SB 1408 currently.
VACo Contact: James Hutzler